Since the 1950s, a group of complex chemicals sharing a carbon-fluorine bond has been widely used in the consumer goods industry. Known as per- and polyfluoroalkyl substances (PFAS), these chemicals are characterized by resistance to water, grease, and oil.
As a result, they became useful in manufacturing stain-resistant garments and non-stick cookware. Even the medical and firefighting industries used them in producing fluoropolymer coatings and Class B firefighting foam respectively.
Like other synthetic chemicals, PFAS also threatens to harm the environment and human health. The situation is bad enough to summon a total PFAS ban in the near future, of which 2024 seems to be a big year. This article will discuss the ban laws applicable to PFAS use in 2024.
Why the Need to Ban PFAS?
As mentioned previously, PFAS are harmful to the environment and human health. However, it only became evident to what extent when hundreds of firefighters started reporting injuries like cancer. According to TorHoerman Law, the most common cancers associated with PFAS include testicles, kidneys, and bladder cancer.
This happened after years of constant exposure to Aqueous Film Forming Foam, or AFFF. This firefighting foam was mainly used to quench fires that break out due to liquid fuels.
Even these professionals’ personal protective equipment (PPE) came lined with PFAS traces. In 2017, Federal litigation started against PFAS manufacturers like 3M, DuPont, Kidde-Fenwal, etc.
Besides the injuries, several municipalities faced underground water contamination issues. Currently, the AFFF lawsuit settlement amounts for water contamination cases are known. 3M agreed to pay $10.3 billion last year. This money will be used for 13 years to detect and eliminate the chemicals. Personal injury cases are still awaiting trials.
What’s even more alarming about PFAS is that they do not easily degrade in the environment or the human body. Being practically ‘eternal’ and toxic in nature meant that a PFAS ban must be proposed. Though still under review, It is expected that these chemicals will completely go out of production by 2026. 3M has already promised to stop manufacturing PFAS by the end of 2025.
2024 Is a Busy Year for Many US States
Not every person will indeed be exposed to large volumes of PFAS for extended periods. The sad part is that these chemicals are also ubiquitous. They have been found in food packaging, consumer products, and even worldwide rainwater samples as far as non-industrialized Antarctica.
PFAS ban on firefighting foam will be effective in the near future. Research is ongoing to discover non-toxic alternatives that do not contain fluorine. As of 2024, the year is also off to a busy start in some US states. In other words, PFAS regulations are being enforced. Let’s look at their effects in different states.
Connecticut
From January 2024, a 2021 law regarding the intentional use of PFAS in food packages has been enforced. According to that law, no food package manufacturer must promote the sale of packages having PFAS added during the production or distribution stage.
This law considers any component that comes in direct contact with a food item or beverage to be its package.
Colorado
In the state of Colorado, a June 2022 law prohibited the sale or promotion of any consumer product containing ‘intentionally added’ PFAS. This law has taken effect from January 2024. It means manufacturers and distributors cannot promote or sell PFAS-containing carpets, rugs, oil and gas products, food packaging, or fabric treatments.
Moreover, even the sale of cookware containing intentionally added PFAS is banned. This includes those with PFAS traces on the handle or any surface that comes in contact with the food or beverage.
Maryland
Also from January 1st, 2024, the state of Maryland has strictly restricted the promotion or sale of consumer products containing PFAS. This regulation extends to carpets, food packages, and firefighting foam, albeit with some exceptions.
As for food packaging, the ban covers only those packages that are at least partially composed of paper or materials extracted from plant fibers.
Minnesota
The state of Minnesota has two laws regulating PFAS use – one enacted in June 2019 and the other in July 2023. The first prohibits the sale of food packages containing PFAS, whereas the second one focuses on all products having the said chemicals.
The law allows PFAS use in products where doing so may be unavoidable at the time. This means manufacturers with no other non-toxic alternatives can continue using PFAS.
Other US states are also gearing up for the incoming PFAS ban and switching to non-toxic alternatives. For instance – Maine’s laws will take effect by January 2030 when every product containing PFAS will be banned. This includes the ones where the chemicals are used to alter the product’s appearance, function, or characteristics.
In any case, it is clear now that the US has started taking PFAS seriously. In the upcoming years, we will hopefully only be left with PFAS traces already produced. Meanwhile, experiments are being conducted for permanent and fast PFAS remediation.
